Decision whether to award costs or not

If you want to appeal a QCAT decision about whether costs are awarded or not rather than the amount of costs awarded, you must appeal to the Appeal Tribunal in QCAT and not the Court of Appeal. In all cases, you must ask the Appeal Tribunal for permission to appeal the decision by completing and lodging Form 39 - Application for leave to appeal or appeal (PDF, 301.9 KB).

You can appeal the decision on a:

  • question of law
  • question of fact, or
  • question of mixed law and fact.

When an appeal is heard by the Appeal Tribunal a new hearing will take place which will consider the original information and evidence presented. New information and evidence may only be presented if you make an application to Appeal Tribunal and your request is approved.

Appeal Tribunal decisions

If your appeal is based on a question of law the Appeal Tribunal may:

  • confirm or amend the decision
  • set aside the decision and substitute with its own decision, or
  • set aside the decision and return the matter to QCAT to reconsider it.

If your appeal is based on a question of fact or a question of mixed law and fact the Appeal Tribunal may:

  • confirm or amend the decision
  • set aside the decision and substitute with its own decision.

Your appeal does not affect the operation of the original QCAT decision. However in some cases, QCAT or the Court of Appeal can make an order staying, or temporarily stopping, the decision from being carried out until the appeal has been finalised.

If your application for permission to appeal the QCAT decision through the Appeal Tribunal is refused you have 28 days to appeal this rejection to the Court of Appeal. The Court of Appeal will hear the appeal of the rejection if you are appealing on a question of law and you have applied for and been granted permission for it to be heard by the Court of Appeal.